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inch margin on each side. The size of type to be used in printing briefs shall be that used in the text of Rhode Island Reports, as near as may be.

For the purpose of preservation and convenience of reference, they shall be bound on the left side of the front page and not at the top.

STENOGRAPHIC REPORTS.

31. Parties requesting stenographic clerks of the court to transcribe testimony taken in court by them shall forthwith deposit with the clerk of said court such sum as the stenographic clerk shall estimate to be the cost of transcription, computed at the rate of ten cents for every one hundred words thereof; and said clerk shall pay to said stenographic clerk the cost of such transcript upon presentation thereof, and shall cause the date and amount of such payment to be indorsed thereon. In case the amount deposited shall exceed such cost, the excess shall be repaid to said depositor or his legal representative, and if such deposit shall be less than said cost, said depositor or some one in his behalf shall pay to said clerk the balance before said transcript shall be delivered, otherwise an extension of time will not be granted.

WITHDRAWAL OF EVIDENCE.

MOTIONS FOR REARGUMENT.

35. In cases decided in the appellate division and ordered to be remitted to the common pleas division or to other tribunals, the clerk shall retain the papers for three days after decision, within which time, and not afterwards, a motion for reargument may be filed with the clerk.

All motions for reargument shall state in full the grounds on which the motion is based, and specify the error in the opinion or decision which the party seeks to correct. They will be considered by the court without oral argument, and granted, if, in the opinion of the court, proper cause is shown.

DEMURRERS OVERRULED.

36. When a demurrer is overruled by the appellate division, a counsel fee for the hearing will be allowed to the prevailing party, unless the court shall order otherwise.

STRIKING CASES FROM DOCKETS. 37. From time to time actions, suits, or proceedings may be stricken from the dockets of either division of the court, without costs and without prejudice to the rights of any party thereto, in accordance with the provisions of Gen. Laws, c. 236, § 2. Any action, suit, or proceeding so stricken from the docket may, upon application made at any time within a year and for cause shown, be reinstated upon such terms and conditions as the court may impose.

NOTICE TO PARTIES.

32. Attorneys shall withdraw forthwith after the final disposition of cases, with the approval of a justice of the division, all books, papers, documents, plats, and things introduced in evidence and not required by statute, rule, or special order to remain on file, upon leaving copies thereof duly attested by the clerk, if the court shall so direct; and if the same are not withdrawn within thirty days the clerks shall not be required to preserve the same; but no original paper for the absolute or contingent payment of money, such as a bill, bond, note, or th like, shall be taken from the files until the clerk has noted on the face thereof, if the Citations to persons who reside without same be the cause of action, the state or re- the state, and whose residence is disclosed, sult, as the case may be, of the action there-in equity proceedings, probate appeals, and

on.

AGREEMENTS.

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33. All agreements of parties or attorneys touching the business of the court shall be in writing, unless orally made or assented to by them in the presence of the court when disposing of such business, or they will be considered of no validity.

AMENDMENTS.

34. When the court shall allow amendments to any of the pleadings in a cause, they shall be embodied in a fair copy of the whole paper as amended, which shall then be substituted for the original.

The court will allow slight amendments, which do not affect legibility, to be made on the face of the original paper.

38. Notice on petitions for trials or new trials, in which notice is necessary, shall be by citation issued by the clerk, as of course, when the petition is filed, returnable at a time requested by the petitioner, not less than ten nor more than twenty days after the issue thereof, unless some other special notice shall be ordered by the court. Such citation shall be served at least ten days before the return day.

in all other cases not provided for by statute, shall be issued by the clerk, to be served by a disinterested person in the manner prescribed by statute for service of subpoenas in equity.

39. The clerk may issue citations to be served within the state, returnable at a time named by the applicant, not less than five days from the date of the application.

COURT IN CHAMBERS.

40. The court in chambers will be held for motions and other. business before it at the court house in Providence on Saturday of each week between the third Monday in September and the third Monday in July. The sessions in the common pleas division will begin at 9:30 and in the appellate division at 10:30 o'clock a. m.

RULES IN EQUITY.

PROCESS AND SERVICE.

due, as often as default in payment may oc

cur.

4. When any decree or order is for the de

1. The form of the writ of subpoena may livery of possession, upon proof by affidavit be as follows:

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The writ shall bear teste of the chief justice or of the senior associate justice, who is not a party to the suit. It shall be under the seal of the court and signed by the clerk. When a subpoena is issued for service without the state, the direction to the sheriff may be omitted.

2. Whenever any subpoena shall be returned not executed as to any defendant, the plaintiff shall be entitled to another subpœna, or other subpoenas, against such defendant, if he shall require it, until due service be made.

of a demand and refusal to obey the decree
or order, the party prosecuting the same
shall be entitled to a writ of assistance, up-
on the order of any justice of the appellate
division.
5. Every person, not being a party, who
has obtained an order, or in whose favor
an order shall have been made in any cause,
shall be enabled to enforce obedience to such
order by the same process as if he were a
party to the cause; and every person against
whom obedience to any order of the court
may be enforced shall be liable to the same
process for enforcing obedience to such order
as if he were a party in the cause.

6. If a bill has been taken as confessed, the plaintiff, if he require any discovery or answer to enable him to obtain a proper decree, shall be entitled to process of attachment, grantable without notice, to compel an answer; and the defendant shall not, when arrested upon such process, be discharged therefrom, unless upon filing his answer or otherwise complying with such order as the court may direct, as to pleading to or fully answering the bill and undertaking to speed

the cause.

FRAME AND AMENDMENT OF BILLS. 7. The omission of the common confederacy clause, of the charging part, or of the jurisdiction clause of the bill shall not render the same demurrable; and the plaintiff 3. Final process to execute any decree, for may in the stating part of his bill state and the payment of money, may be by writ of avoid, by counter averments, at his option, execution to be issued by the clerk after ten any matter or thing which he supposes will days from entry of the decree, unless other- be insisted upon by the defendant, by way wise ordered, in the form used by the su- of defense or excuse, to the case made by preme court in suits at common law in ac- the plaintiff. The prayer of the bill shall tions of assumpsit. If the decree be for the ask the special relief to which the plaintiff performance of a specific act, as, for exam- supposes himself entitled, and shall also ple, for the execution of a conveyance of contain a prayer for general relief; and if land, or the delivery up of deeds or other an injunction, or writ of ne exeat or any documents, the decree shall, in all cases, pre- other special order pending the. suit, be rescribe the time within which the act shall quired, it shall also be specially asked for be done, of which the defendant shall be in the prayer for relief, but need not be rebound to take notice, without further serv-peated in the prayer for process. The prayer ice; and upon affidavit of the plaintiff filed for process shall contain the names of all in the clerk's office, that the same has not the defendants named in the introductory been complied with, within the prescribed part of the bill, and if any of them are time, the clerk shall issue a writ of attach- known to be infants or under guardianship, ment against the delinquent party, from shall state the fact so that the court may which, if attached thereon, he shall not be take order thereon as justice may require. discharged, unless upon a full compliance If proper parties defendant be out of the juwith the decree and payment of all costs, or risdiction, the bill shall state the fact, and upon a special order of the court enlarging if, in proper cases, service is wanted on such the time for the performance thereof. If defendants, it shall be specially asked in the delinquent party cannot be found, a the bill, and their absence and place of resiwrit of sequestration shall issue against his dence, if known, shall also be stated. Every estate upon the return of non est inventus, bill shall contain the signature of some atto compel obedience to the decree. torney and counselor of the court. The statement of facts shall be in numbered paragraphs, as required by Gen. Laws, c. 240, § 27.

When the decree is for the payment of money at stated times, execution may issue, upon affidavit of nonpayment of the amount

8. The plaintiff shall be at liberty, as of course, and without leave or payment of costs, to amend his bill in any matters whatever, before any copy has been taken out of the clerk's office; and may, in like manner, afterwards fill blanks, correct errors in dates, misnomers of parties, misdescription of premises, and clerical errors and matters of mere form in general. He may also amend his bill in matters of substance after a copy of the bill has been taken, and before plea, demurrer, or answer, upon furnishing without delay to the defendant or defendants a fair copy of his amendments, with suitable references to the places in which the same are to be inserted; but if the amendments be numerous, the court may require him to furnish a fair copy or copies of the whole

bill as amended.

9. After answer, plea, or demurrer, and before replication, the plaintiff may without notice obtain an order to amend his bill within ten days, with or without costs, and upon furnishing a copy or copies of his amendments or whole bill as amended as the court may direct. After replication the plaintiff shall not amend his bill, except by special order of the court upon notice to the defendant or his solicitor, and upon proof by affidavit that the proposed amendment is material and could not with reasonable diligence have been sooner introduced into the bill, and upon such terms as may be imposed for the speeding of the cause.

10. Every motion to amend shall be in writing, and shall state the substance of the amendment, and if the plaintiff obtain an order for such amendment and shall not file his amendments in the clerk's office within ten days, he shall be considered to have abandoned the same.

counsel, describing the particular passages which are considered to be scandalous or impertinent; nor unless the exceptions shall be filed within ten days after the process on the bill shall be returnable, or after the answer or pleading is filed; and such order, when obtained, shall be considered as abandoned, unless the party obtaining the order shall, without unnecessary delay, procure the master to examine and report on the same.

PARTIES TO BILLS.

13. In all cases where it shall appear to the court that persons, who might otherwise be deemed necessary or proper parties to the suit, cannot be made parties by reason of their being out of the jurisdiction of the court, or incapable otherwise of being made parties, the court may in its discretion proceed in the cause without making such persons parties: and in such cases the decree shall be without prejudice to the rights of the absent parties.

14. Where the parties on either side are very numerous, and cannot, without manifest inconvenience and oppressive delays in the suit, be all brought before it, the court in its discretion may dispense with making all of them parties, and may proceed in the suit, having sufficient parties before it to represent all the adverse interests of the plaintiffs and the defendants in the suit properly before it. But in such cases the decree shall be without prejudice to the rights and claims of all the absent parties.

15. In all suits concerning real estate, which is vested in trustees by devise, and such trustees are competent to sell and give discharges for the proceeds of the sale and for the rents and profits of the estate, such trustees shall represent the persons beneAny supplemental matter may be intro- ficially interested in the estate or the produced by amendment.

SCANDAL AND IMPERTINENCE IN

BILLS.

11. Every bill shall be expressed in as brief and succinct terms as it reasonably can be and shall contain no unnecessary recitals of deeds, documents, contracts or other instruments or any impertinent or scandalous matter. If any bill be excepted to for impertinence or scandal, it shall be referred to a master, and the matter found by him to be impertinent or scandalous shall be expunged at the expense of the plaintiff, and the plaintiff shall pay to the defendant all his costs in the suit up to that time, unless the court shall otherwise order. If the master shall report that the bill is not scandalous or impertinent, the plaintiff shall be entitled to all costs occasioned by the reference.

ceeds, or the rents and profits, in the same manner and to the same extent as the executors or administrators in suits concerning personal estate represent the persons beneficially interested in such personal estate; and in such cases it shall not be necessary to make the persons beneficially interested in such real estate, or rents and profits, parties to the suit; but the court may, upon consideration of the matter on the hearing, if it shall so think fit, order such persons to be made parties.

16. Where no account, payment, conveyance, or other direct relief is sought against a party to a suit, not being an infant, the party, upon service of the subpoena upon him, need not appear and answer the bill, unless the plaintiff specially requires him so to do by the prayer of his bill; but he may appear and answer at his option; and if he does not appear and answer, he shall be 12. No order shall be made for referring bound by all the proceedings in the cause. any bill, answer, or pleading, or other matter If the plaintiff shall require him to appear or proceeding depending before the court, and answer, he shall be entitled to the costs for scandal or impertinence, unless excep- of all the proceedings against him, unless tions are taken in writing and signed by the court shall otherwise direct.

50 A.-b

by demurrer; and he shall be at liberty so to decline, notwithstanding he shall answer other parts of the bill from which he might have protected himself by demurrer.

17. Guardians ad litem to defend a suit | ry or part of an interrogatory from answermay be appointed by the court for infants ing which he might have protected himself or other persons who are under guardianship, or otherwise incapable to defend themselves; and all infants and other persons so incapable may sue by their guardians, if any, or by their next friends: subject, however, to such orders as the court may direct for the protection of infants and other incapable persons.

DEMURRERS AND PLEAS.

18. No demurrer or plea shall be allowed to be filed to any bill, unless upon a certificate of counsel that in his opinion it is well founded in point of law, and supported by the affidavit of the defendant that it is not interposed for delay; and, if a plea, that it is true in point of fact.

19. The defendant may, at any time before the bill is taken for confessed, or with leave of the court granted within five days thereafter, demur or plead to the whole bill, or to part of it, and he may demur to part, plead to part, and answer as to the residue; but in every case, in which the bill specially charges fraud or combination, a plea to such part must be accompanied with an answer fortifying the plea and explicitly denying the fraud and combination, and the facts on which the charge is founded.

20. No demurrer or plea shall be held bad or overruled merely because the answer of the defendant may extend to some part of the matter covered by such demurrer or plea. No demurrer in equity will be entertained unless the grounds of demurrer are specified therein.

ANSWERS.

21. The rule, that if a defendant submits to answer he shall answer fully to all the matters of the bill, shall not apply in cases where he might by plea protect himself from such answer and discovery. And the defendant shall be entitled in all cases by answer to insist upon all matters of defense (not being matters of abatement, or of the character of the parties, or matters of form) in bar of or to the merits of the bill, to which he may be entitled to avail himself by a plea in bar; and in such answer he shall not be compellable to answer any other matter than he would be compellable to answer and discover upon filing a plea in bar, and an answer in support of such plea, touching the matters set forth in the bill to avoid or repel the bar or defense. Thus, for example, a bona fide purchaser for a valuable consideration, without notice, may set up that defense by way of answer instead of plea, and shall be entitled to the same protection, and shall not be compellable to make any further answer or discovery of his title than he would be in any answer in support of such plea.

22. A defendant shall be at liberty, by answer, to decline answering any interrogato

23. No special replication to any answer shall be filed. But if any matter alleged in the answer shall make it necessary for the plaintiff to amend his bill, he may have leave to amend the same, with or without the payment of costs, as the court may in its discretion direct.

24. In every case in which an amendment shall be made after answer, the defendant may put in a new or supplemental answer within such time as may be ordered by the court, and upon his default such amend

ment shall be taken as confessed.

25. All facts well alleged in a bill, other than for discovery only, which are not denied or put in issue by the answer, shall be deemed to be admitted.

AMENDMENT OF ANSWER.

26. After an answer is put in, it may be amended as of course, in any matter of form, or by filling up a blank, or correcting a date, or reference to a document or other small matter, and be resworn at any time before a replication is put in or the cause is set down for a hearing upon bill and answer. But after replication, or such setting down for a hearing, it shall not be amended in any material matters, as by adding new facts or defenses, or qualifying or altering the original statements, except by special leave of the court upon motion and cause shown, after due notice to the adverse party, supported, if required, by affidavit.

EXCEPTIONS TO ANSWERS.

27. When the same solicitor is employed for two or more defendants, and separate answers shall be filed, or other proceedings had by two or more of the defendants separately, costs shall not be allowed for such separate answers or other proceedings, unless a master, upon reference to him, shall certify that such separate answers and other proceedings were necessary or proper and ought not to have been joined together. 28. If exceptions to an answer shall be allowed for insufficiency, the defendant shall put in a full and complete answer within such time as the court may order; otherwise the plaintiff shall be entitled to take the bill, so far as the matter of such exceptions is concerned, as confessed, or he may have a writ of attachment to compel the defendant to make a better answer to the matter of the exceptions; and the defendant, when he is in custody upon such writ, shall not be discharged but by order of the court, upon putting in such answer and complying with such other terms as the court may direct.

CROSS BILL.

29. Where a defendant in equity files a cross bill for discovery only against the plaintiff in the original bill, the defendant to the original bill shall first answer thereto before the original plaintiff shall be required to answer the cross bill. The answer of the original plaintiff to such cross bill may be read and used by the party filing the cross bill at the hearing in the same manner and under the same restrictions as the answer praying relief may now be read and used.

SETTING DOWN FOR HEARING, AND HEARING.

him to give evidence shall refuse to give evidence, the refusal shall be certified to the court, and the court may order such witness to be attached for contempt in the same manner and with the same effect as if the contempt were for not attending or for refusing to give evidence in court.

35. The master shall regulate all the proceedings in every hearing before him, upon every such reference; and he shall have full authority to examine the parties in the cause upon oath touching all matters contained in the reference; and also, to require the production of all books, papers, writings, vouchers, and other documents applicable thereto; and also to examine on oath, viva voce, all witnesses produced by the parties before him, and to order the examination of other witnesses to be taken, under a com

30. No suit in equity by bill, which is to be tried either wholly or chiefly on oral testimony, shall be in order for trial until after issues have been framed and settled, pre-mission to be issued upon his certificate senting all the questions of fact which are in controversy; nor until after four written or printed copies of such issues have been filed with the clerk for the use of the court.

SPECIAL INJUNCTIONS.

31. Special injunctions shall be granted by the court only after bill filed; nor shall any such injunction be granted until after a hearing upon notice to the adverse party, unless it be until the hearing, to prevent imminent injury. After notice, the hearing may be ex parte, if the adverse party does not appear at the time and place ordered.

WRITS OF NE EXEAT.

32. Writs of ne exeat will not be granted except upon affidavit verifying the charges | made in the case, with allegations of facts showing an intention of the party to depart from the state to avoid performance of the order of the court on hearing. REFERENCE TO, AND PROCEEDINGS BEFORE, MASTERS.

33. Upon reference of any matter to a master, it shall be his duty, as soon as he reasonably can after the same is brought before him either by the party procuring the reference or by any other party, to assign a time and place for proceedings in the same, and to give due notice thereof to each of the parties or their solicitors; and if either party shall fail to appear at the time and place appointed, the master shall be at liberty to proceed ex parte, or in his discretion to adjourn the examination and proceedings to a future day, giving notice to the absent party or his solicitor of such adjournment; and it shall be the duty of the master to proceed with all reasonable diligence in every such reference; and either party shall be at liberty to apply to the court for an order to the master to speed the proceedings, and to make his report, and to certify to the court the reasons for any delay.

34. If any witness duly summoned by a commissioner or master to appear before

from the clerk's office, or by deposition according to law or otherwise, as hereinafter provided; and also to direct the mode in which the matters requiring evidence shall be proved before him; and generally to do all other acts and direct all other inquiries and proceedings in the matters before him which he may deem necessary and proper to the justice and merits thereof and the rights of the parties.

36. All parties accounting before a master shall bring in their respective accounts in the form of debtor and creditor; and any of the other parties who shall not be satisfied with the accounts so brought in shall be at liberty to examine the accounting party viva voce, or upon interrogatories in the master's office, or by deposition, as the master shall direct.

37. All affidavits, depositions, and docu ments which have been previously made, read, or used in the court upon any proceeding in any cause or matter may be used before the master.

EXCEPTIONS TO REPORT OF MASTERS.

38. The master, as soon as his report is ready, shall submit the draft of the same to the parties or their solicitors, and appoint a time and place for hearing such objections thereto as they may think fit to suggest; and after noting and considering such objections, shall finally make up his report and file the same in court. The parties shall have one month from the time of filing the report to file exceptions thereto; and if no exceptions are filed by either party within that period, the report will be confirmed.

DECREES.

39. Clerical mistakes in decrees or decretal orders, or errors arising from any accidental slip or omission, may at any time before an actual enrollment thereof be corrected by order of the court upon petition, without the form or expense of a rehearing. 40. The solicitor of the party in whose fa

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